ABOGADOS MADRID TENERIFE
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NEWS
THE SUPREME COURT NULLIFIES A BANK LOAN AGREEMENT FOR USURIOUS
PRIMACY OF EUROPEAN COMMUNITY LAW OVER DOMESTIC LAW
In the judgment dated 5 November 2015 , the Constitutional Court ruled that the principle of primacy of EU law is compulsory under European Community law when in conflict with domestic law.
REGULATION OF SPANISH MONITORY PROCEEDING ALLOWS THE JUDGE TO CONTROL EX OFFICIO THE EXISTENCE OF ABUSIVE CLAUSES
SUPREME COURT JUDGMENT OF 21 OCTOBER 2015 ACCEPTED CLASS ACTION OF SEVERAL CUSTOMERS AGAINST THE BANK
The Supreme Court judgment of 21 October 2015 accepted the admission of the accumulation of actions brought by several bank customers.
TRAFFIC OFFICE COLLECTS MORE THAN 123 MILLIONS FOR FINES IN THREE YEARS
According to information from the press of 12 October 2015 , two of every three euros paid to the Traffic Office due to traffic offences on the roads of the Community of Madrid, comes first for speeding, second for talking on hands-free mobile phone, followed by not wearing seatbelts and breathealyser or having used drugs.
AMENDMENT OF CIVIL PROCEEDINGS LAW
On October 6, was published Law 42/2015 of 5 October of Reform the Civil Proceedings Law that came into force on 7 October 2015. Some modifications will take effect on 15 October.
DISCLOSURE OF SECRETS: CONDEMNED FOR EAVESDROPPING HIS WIFE´S MOBILE
These week news have referred to the condemn to a two and a half years prison for a person accused of a crime of disclosure of secrets with the aggravating circumstance of kinship. The accused had spied her wife (ex wife) mobile phone to gather evidence of her affair in order to bring it to a divorce proceeding. The judgment issued by Criminal Court 4 of Girona. Currently, (October 2015) the decision is appealed.
ADMINISTRATIVE PROCEEDING: Law 39/2015 of Administrative Proceeding was published in the Official Bulletin on 2nd October
On the 2nd October 2015 the Law Ley 39/2015, of 1st October of Common Administrative Proceeding of the Administrations was published in the Official Bulletin.
Entry into force: it will be in vigor one year after publication in the Official State Gazette. Nevertheless, in some aspects (in general, all related to the electronic registry) it will come into vigor two years after the Law entry into force.
Purpose of the Law: it regulates the external relations between the Administration and citizens. The law pretends to implant a totally electronic Public Administration, interconnected and transparent, in order to speed the administrative proceedings, reducing processing time and resolution of the same.
JOINT CUSTODY: Supreme Court ruled that the joint custody must be granted in benefit of the children even if there are discrepancies between the parents.
Supreme Court judgment of 9 September 2015 ruled that the discrepancies of the parents in relation to the joint custody cannot exclude it. According to the resolution, the psychosocial report, although important, must be analyzed from the legal point of view. This way the Supreme Court revokes the High Court of Guipuzcoa judgment that had given the custody of the three children to the mother.
CONSUMERS CONTRACTS: The European Court considers that a natural person acting outside his professional activity must be considered consumer.
The European Court ruled on 3rd September 2015 that a professional natural person (lawyer in this case) acting outside his trade, business or profession who signs a loan with bank without stating the destiny of the funds, can be categorized as “consumer” to the effects of Council Directive 93/13, if such contract is not linked to the professional activity. This way, being considered “consumer” is not linked to abusive clauses.
INHERITANCES: Canarias will remove the Inheritance and Gift Tax
INHERITANCES: From 17 August 2105 is in vigour the Eropean Regulation of Inheritances
VOLUNTARY JURISDICTION: The new Voluntary Jurisdicion Act is in vigour
FORECLOSING PROCEEDINGS: The Constitutional Court revokes a foreclosing proceeding against sued against a domestic violence victim
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